Legal Issues relating to Geographical Indications

Abstract

          The objective of this research is to study the legal measures on geographical indications through the study of the registration of geographical indications under Thai law and international agreements as well as foreign laws, such as the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Council Regulation No. 510/2006 as well as the Council Regulation No. 1151/2012 and the Singapore Geographical indications Act 2014. In this study, both theoretical concepts and principles of law related to the protection of geographical indications have been studied aiming to find suitable solutions according to Thai legal measures and to promote products using Thai geographical indications for effective protection and to contribute to the development and value addition in preparation for stepping into the global trade competition.
            The results of the study show that the principles of Thai legal measures applicable to geographical indication protection are unclear. There is still a lack of principles for fair treatment to all parties and such measures are incapable of completely preventing the confusion among consumers about the geographic origin of the geographical indication. In addition, some measures are considered inflexible and do not meet the minimum standards established by the Trade-Related Aspects of Intellectual Property Rights Agreement (Trade-Related Aspects of Intellectual Property Rights) requiring member states to meet their obligations.
            Therefore, the researcher is of the opinion that the relevant Thai laws should be amended, especially the Ministerial Regulation Prescribing List of Specific Goods and Rules and Methods for Use of Similar or Identical Geographical Indication B.E. 2547 (2004) for greater clarity and coverage in terms of determining the conditions for fair treatment for all producers of geographical indications, including adding mechanisms for protection of geographical indications for general commodities. This is to enable Thailand to effectively enforce such measures and to prepare for the expansion of protection of geographical indications at the international level.